Logourl black
From our private database of 14,000+ case briefs...

State v. Ducker

Court of Criminal Appeals of Tennessee
1999 WL 160981 (1999)


Facts

During the night, Jennie Ducker (defendant) took her two children, aged 13 months and 23 months, with her to a local hotel. Ducker left the children in the car, strapped in their car seats, with the windows closed and doors locked while she went into the hotel to visit her boyfriend. Ducker did not return to her vehicle to check on the children until after noon the following day, over nine hours after leaving the children in the car. Although Ducker took the children to the hospital and sought treatment for dehydration, the children had already died of hyperthermia. A doctor explained that the children died sometime between six o’clock and noon and that by noon, the temperature inside the car would have been more than 120 degrees. Ducker was indicted for two counts of first-degree murder, but was ultimately convicted of two counts of the lesser offense of aggravated child abuse. Ducker appealed on the ground that the trial court did not properly instruct the jury on the definition of “knowingly,” as the term applied to the different elements of the offense of aggravated child abuse.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Hayes, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 175,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.